Legal scholar and Democracy and Development Fellow in Public Law and Justice at CDD-Ghana, Professor Stephen Kwaku Asare aka Kwaku Azar, has expressed strong concerns over the recent elevation of seven Court of Appeal justices to Ghana’s Supreme Court.
In a detailed opinion shared on Facebook, Prof. Asare warned that the move could significantly erode the judiciary’s effectiveness and credibility, particularly when the institution is already struggling with limited resources.
“A bench of nineteen raises serious concerns about judicial effectiveness,” Prof. Asare wrote, pointing to the potential logistical and operational inefficiencies that may come with such a large panel at the apex court.
He argued that the judiciary is “chronically underfunded,” and that rather than expanding the Supreme Court, the focus should shift toward strengthening the broader judicial infrastructure.
“Rather than expanding the apex bench, we should redirect resources toward judicial infrastructure, training, case automation, and professional support systems—reforms that would directly improve justice delivery for the ordinary person,” he said.
Prof. Asare also raised questions about the timing and motivation behind the appointments. “This expansion comes at a moment when the Chief Justice herself is under investigation. Proceeding with such sweeping appointments under this cloud risks tainting the process with perceptions of impropriety.”
He criticized the rationale of restoring “balance” in the court’s composition, warning that such justification could pave the way for dangerous political interference.
“Stacking the Court to ‘restore balance,’ even if procedurally valid, undermines constitutional integrity,” he cautioned.
Prof. Asare concluded with a call for a more strategic and integrity-driven approach to judicial reform: “We do not need a bloated bench. We need a credible, well-resourced, and independent Supreme Court. The integrity of our judiciary must not be sacrificed on the altar of political expedience or damage control.”
